A. The Contractor is presumed to be familiar with all
laws, ordinances, and regulations that may in any manner affect those engaged
or employed upon the work, or materials or equipment used in or upon the work,
or that may in any way affect the conduct of the work. The Contractor shall so
conduct the work that conflict with any such laws, ordinances, or regulations
will be avoided, and the Contractor shall save harmless the Contracting
Authority and its representatives against any claims arising from violation
thereof.

B. The provisions of Chapter 73, Code of Iowa,
concerning preference for Iowa products and labor shall not apply to contracts
involving work financed wholly or in part by the Federal Government.

C. All contractors must register with the Labor
Commissioner as required by the Code of Iowa, Chapter 91C. For State contracts,
this registration must be on file prior to the award of contract.

D. Contractors shall indicate whether or not they are
an "out of state contractor", as defined in Iowa Code Section 103A.3.

E. On non-Federal aid contracts, out-of-state
contractors shall either file a surety bond, as provided in section 91C.7 of
the Code of Iowa, with the Division of Labor Services in the amount of $25,000
for a one-year period or shall provide a statement to the Division of Labor
Services that they are prequalified to bid on contracts with the Department.

1. It
shall be the Contractor's responsibility to have liability insurance covering
all of the construction operations incident to contract completion and the
Contractor must have on file with the Contracting Authority a current "Certificate
of Insurance" prior to award of contract. The certificate shall identify
the insurance company firm name and address, Contractor firm name, policy
period, type of policy, limits of coverage, and scope of work covered (single
contract or statewide). This requirement shall apply with equal force, whether
the work is performed by persons employed directly by the Contractor including
a subcontractor, persons employed by a subcontractor, or by an independent
contractor.

2. In
addition to the above, the Contracting Authority shall be included as an
insured party, or a separate owner's protective policy shall be filed showing
the Contracting Authority as an insured party.

3. The
liability insurance shall be written by an insurance company (or companies)
qualified to do business in Iowa. For independent contractors engaged solely in
the transportation of materials, the minimum coverage provided by such
insurance shall be not less than that required by Chapter 325A, Code of Iowa,
for such truck operators or contract carriers as defined therein. For all other
contractors, subcontractors, independent contractors, and the Contracting
Authority, the minimum coverage by such insurance shall be as follows:

General Liability, Including: BODILY INJURY

Independent Contractors $500,000 Each
Occurrence

Contractual
Liability, $500,000 Aggregate

Products and Completed Operations PROPERTY DAMAGE

$250,000
Each Occurrence

$250,000
Aggregate

or

BODILY
INJURY AND PROPERTY DAMAGE

-
COMBINED SINGLE LIMIT*

$750,000
Each Occurrence

$750,000
Aggregate

*A
comprehensive Catastrophe Liability Policy (Umbrella) can be used to aid in
achieving the minimum required limits.

4. Failure
on the part of the Contractor to comply with the requirements of this article
will be considered sufficient cause to suspend the work, withhold estimates,
and to deny the Contractor from receiving further contract awards, as provided
in Article 1103.01.

B. Insurance When Working In Railroad Right-of-Way.

1. General.

This section shall
apply when specified in the proposal form. When work is to be performed within
railroad right-of-way, this specification prescribes provisions for Public
Liability and Property Damage Insurance obtained by the Contractor for their
own operations; and on behalf of railroads on or about whose right-of-way the
Contractor is required to work in during the construction of highway projects.

2. Applicability.

This specification
applies to the following:

a. To
Contractor's legal liability for bodily injury to or death of persons and for
injury to or destruction of property.

b. To
the liability which may attach to railroads for bodily injury to or death of
persons and for injury to or destruction of property.

c. To
damage of property owned by or in the care, custody, or control of the
railroads, both as liability or damage may arise out of the Contractor's
operations, or may result from certain work, described in Article 1107.02, B, 5,
that may be performed by railroads at or about railroad rights-of-way, in
connection with the construction of highway projects.

3. Contractor's
Public Liability and Property Damage Insurance.

a. The
Contractor may be subject to liability with respect to bodily injury or death
of persons, and damage or destruction of property, which may be suffered by
persons other than their own employees as a result of their operations in
connection with construction of highway projects located wholly or partly
within railroad right-of-way. Protection to cover such liability of the
Contractor shall be furnished under regular Public Liability and Property
Damage Insurance policies issued in the name of the Contractor. These policies
shall be written to furnish protection to the Contractor respecting their
operations in performing work covered by their contract.

b. When
the Contractor sublets a part of the work on any project to a subcontractor,
the Contractor shall secure insurance protection in the Contractor's own behalf
under the Contractor's Public Liability and Property Damage Insurance policies
to cover any liability imposed on the Contractor by law for damages because of
bodily injury or death of persons and damage or destruction of property as a
result of work undertaken by these subcontractors. In addition, the Contractor
shall provide for and on behalf of any such subcontractor's protection to cover
like liability imposed upon the latter as a result of their operations by means
of separate and individual Public Liability and Property Damage policies; or,
in the alternative, each subcontractor shall provide satisfactory insurance on
the subcontractor's own behalf to cover the subcontractor's individual
operations.

c. The
Contractor shall furnish to the Department evidence that the insurance
coverages required herein have been provided. The Contractor shall also furnish
a copy of this evidence to the railroad or railroads involved. The insurance
specified shall be kept in force until all the work required to be performed
shall have been satisfactorily completed and accepted in accordance with the
contract under which the construction work is undertaken.

4. Railroad
Protective Insurance.

In connection with
highway projects for the elimination of hazards of railroad highway crossings
and other highway construction projects wholly or partly within railroad
right-of-way, railroad protective liability insurance shall be purchased on
behalf of the railroad by the Contractor. The standards for railroad protective
insurance established by this specification shall be adhered to insofar as the
insurance laws of the State will permit.

a. Coverage
shall be limited to damage suffered by the railroad on account of occurrences
arising out of the work of the Contractor on or about the railroad
right-of-way, independent of the railroad's general supervision or control,
except as noted in Paragraph b, 4, b below.

b. Coverage
shall include:

1) The
death of or bodily injury to passengers of the railroad and employees of the
railroad not covered by State Workmen's Compensation laws,

2) Personal
property owned by or in the care, custody or control of the railroads,

3) The
Contractor, or any of the Contractor's agents or employees who suffer bodily
injury or death as a result of acts of the railroad or its agents, regardless
of the negligence of the railroad, and

4) Negligence
of only the following classes of railroad employees:

a) Any
supervisory employee of the railroad at the job site,

b) Any
employee of the railroad while operating, attached to, or engaged on, work
trains or other railroad equipment at the job site which are assigned
exclusively to the Contractor, or

c) Any
employee of the railroad not within a) or b) above who is specifically loaned
or assigned to the work of the Contractor for prevention of accidents or
protection of property, the cost of whose services is borne specifically by the
Contractor.

c. The
maximum dollar amounts of coverage with respect to bodily injury, death, and
property damage is limited to a combined amount of $2 million per occurrence
with an aggregate of $6 million applying separately to each annual period.

6. Form of Insurance
Policy.

The policy forms and
endorsements shall be those adopted by the companies for use in the State of Iowa.

7. Payment.

Payment to the Contractor
for insurance required by Article 1107.02, B, shall be per the contract
documents.

1107.03 PERMITS,
LICENSES, AND TAXES.

The Contractor shall procure
all necessary permits and licenses; pay all charges, fees, and taxes; and give
all notices necessary and incident to the due and lawful prosecution of the
contract.

1107.04 PATENTED
DEVICES, MATERIALS, AND PROCESSES.

A. The Contractor and Contract Surety shall indemnify
and save harmless the Department, any affected third party, or political
subdivision from any and all claims for infringement by reason of the use of
any patented or copyright item.

B. The Contractor shall indemnify the Department for
costs, expenses, and damages that may be obligated for payment by reason of an
infringement during the prosecution of the work or after completion of the
project.

1107.05 RESTORATION
OF SURFACES OPENED BY PERMIT.

A. Prior to final acceptance, if any repairs to the
roadway are necessary due to construction or repair of drains or sewers, laying
or repairing of pipes or conduits for telegraph or electric wires, or from any
other disturbance of the roadway under permission issued by the Contracting
Authority, the Contractor shall, upon notification by the Engineer, immediately
make necessary repairs in conformance with the contract documents. These
repairs shall be paid for per Article 1109.03, B; however, compensation will
not be allowed when these repairs are made necessary by the Contractor's
negligence or carelessness.

B. The Contractor shall not authorize any person or
persons to make an opening in the roadway unless a permit, duly authorized by
the Contracting Authority, is presented.

1107.06FEDERAL Requirement.

A. The attention of the Contractor is directed to the
provisions of an act of Congress known as Title 23, United States Code, Section
1 and any other acts of Congress providing for road improvements. When the
Federal Government is to pay all or any portion of the cost of an improvement
or project, the construction work, although it is under the supervision of the
Department and subject to laws of the State of Iowa, is also subject to the
above mentioned acts of Congress and to all authorities. This construction work
shall be subject to inspection by duly authorized agents of the Federal
Government, but this inspection will not make the Federal Government a party to
the contract.

B.Buy America.

On all
contracts, all products of iron, steel, or a coating of steel which are
incorporated into the work shall be of domestic
origin and shall be melted and manufactured in the United States. The
Engineer may allow minimal amounts of these materials from foreign sources,
provided the cost does not exceed 0.1% of the contract sum or $2,500, whichever
is greater. This amount shall include transportation,
assembly, and testing as delivered cost of foreign products to the project. Per
Materials I.M.107, miscellaneous steel or iron components, subcomponents, and
hardware, as defined by FHWA, will not be subject to Buy America requirements.

1107.07 SAFETY,
HEALTH, POLLUTION, AND SANITATION.

A. In the performance of the contract, the Contractor
shall comply with all applicable laws, rules, regulations, and ordinances
governing safety, health, pollution, sanitation, noise control, and disposal of
waste materials. The Contractor shall also make available such additional
safeguards, safety devices, protective equipment, and take such actions as are
reasonably necessary to protect the life and health of employees and the
public. Violations of properly promulgated laws, rules, regulations, and
ordinances reported to the Engineer by responsible agencies may result in the
issuance of a suspension order until such time as the violation is corrected.

B. The Contractor shall make adequate provisions
satisfactory to the Engineer for safety of inspectors, particularly at sampling
locations. Provisions shall include guards for moving belts, pulleys, and
wheels near the sampling point and a stable platform when sampling is to be
done from an elevated location.

C. There shall be suitable retention dams in areas
where approved liquid asphalt materials or asphalt binder are stored and used,
to minimize pollution of nearby areas from effects of normal rains. The
Contractor shall take other necessary precautions to prevent pollution of
streams, lakes, ponds, reservoirs, and other areas with fuels, oil, bitumens,
chemicals, or other harmful materials and to prevent pollution of the
atmosphere from particulate and gaseous matter.

D. Machinery must be properly maintained at all times
in order to limit engine noise as well as other extraneous noise.

E. When directed by the Engineer, and with no
additional compensation, the Contractor shall apply water to the construction
area and haul routes, as necessary, to prevent the spread of dust. On Primary
Roads and Primary Road extensions, on temporary Primary Road haul roads, and
when designated in the contract documents construction areas adjacent to
Primary Roads on which traffic is maintained, the Contractor will be paid for
watering ordered by the Engineer at the rate of $60 per thousand gallons ($16 per
kL).

A. The
schedule for removal of existing guardrail, warning devices, and other traffic
control devices requires Engineer’s approval. The Contractor may be required to
place temporary warning devices at locations where replacement features are not
installed the same day as removal takes place.

B. The Contractor shall conduct the work to assure the
least possible obstruction to access by the residents along the project. The
Contractor shall schedule and conduct the work in such a way as to provide for
their safety and convenience. The Contractor shall submit a construction
staging plan to the Engineer for local access required to remain open.
Relocated accesses shall be completed prior to removal of existing accesses. If
a permanent access cannot be completed prior to removal of an existing access,
the Contractor shall provide and maintain an alternate access. Work and
materials required by the Engineer for public convenience and safety in excess
of that provided for in the contract documents will be paid for per Article 1109.03, B.

C. Whenever it is practical to do so, the Contracting
Authority will close the portion of the road under construction, provide a
detour, and cause suitable detour signs to be erected to mark such detour.

D. When it is not practical for the Contracting Authority
to close the road for construction, the Contractor will be expected to perform
the work under traffic. The contract documents will indicate this fact and
provide instruction for handling traffic through the work. Unless otherwise
stated in the contract documents, all work shall be performed by the Contractor
between the hours of 30 minutes after sunrise to 30 minutes before sunset.

E. Except when the contract documents indicate the
road is to be closed, during all pavement widening, base widening, and HMA
resurfacing work, traffic will be permitted to use the routes involved at all
times and shall not be delayed unnecessarily. Where a pavement or base is being
widened, the machine depositing material shall operate within the designated
work area. Construction equipment may be stored within the right-of-way, as far
from the traveled way as is practical, but the roadbed shall be free of
Contractor's equipment during non-working hours. The work shall be planned and
conducted to cause a minimum delay or interference with traffic.

F. When work on a traveled way necessitates diverting
traffic from a work lane to another lane, material, mobile equipment, and
vehicles shall occupy the work lane to the minimum extent and for the minimum
time necessary, and non-mobile equipment shall be removed from the work lane
promptly after its operation is completed in that lane.

G. On two-lane roadways, a work area shall be
established only on one side of the roadway and there shall be no parking of
vehicles or equipment on the opposite shoulder within 500 feet (150 m) of the
work area.

H. The location for storage of equipment by the Contractor
during nonworking hours shall be as reviewed and approved by the Engineer prior
to use.

I. Parking of private vehicles on Interstate
right-of-way will not be allowed. Parking of unattended equipment within the
median or storage of equipment within 50 feet (15 m) of the edge of pavement
will not be allowed.

J. Materials stored within the highway right-of-way
shall be placed to cause a minimum obstruction to traffic. Sidewalks, gutters,
sewer inlets, and portions of highway adjoining the roadway under construction
shall not be obstructed more than is necessary.

K. When the shoulder work is a part of the contract
for work on a project open to public traffic during construction, the
Contractor shall coordinate the operations so that the length and degree of
pavement edge drop-off caused or partly caused by the operations are minimized.

Construction shall be
staged so no drop-offs exist at the pavement or shoulder edge when the adjacent
lane is to be opened to traffic. The pavement edge drop-off requirement shall
be satisfied with an HMA shoulder fillet. This fillet shall extend into the
shoulder area a minimum of six times the thickness of the drop-off and shall be
placed prior to the adjacent lane being opened to traffic. Compaction of the
HMA fillet shall be a minimum of one coverage with a pneumatic tired roller per
1 inch (25 mm) of thickness. The fillet shall be removed prior to start of
shoulder paving. The shoulder edge drop-off requirement shall be satisfied with
a granular fillet, meeting the requirements of the following paragraph.

2. Granular Shoulders.

Construction shall be
staged so no drop-offs exist at the pavement edge when the adjacent lane is to
be opened to traffic. The drop-off requirements shall be satisfied with a
shoulder fillet or full shoulder width of granular material according to Article 2121.03. The fillet shall extend into the shoulder area a minimum of six times
the thickness of the drop-off and shall be placed prior to the adjacent lane
being opened to traffic. Compaction of the fillet shall be a minimum of one
coverage with a pneumatic tired roller per 1 inch (25 mm) of thickness.

·Drop-offs greater than 2 inches (50
mm) will not be allowed when the adjacent lane is open to traffic,

·Place the final lift of HMA
shoulder material within 48 hours of the previous lift.

2. PCC
Shoulder.

Do not
open adjacent lane until PCC shoulder is cured enough to support traffic
control devices.

N. When the Contractor works on a bridge spanning a
roadway or passageway, the Contractor shall take all necessary steps to protect
the public using the facility below the bridge from falling debris, material,
or construction equipment. The Contractor shall submit a safety procedure
written plan to the Engineer prior to starting work. The plan shall include the
following:

·Design of the means and methods
used to provide protection.

·All assumptions used in the design.

Evaluation of the plan
and design may require its preparation by a Professional Engineer licensed in
the State of Iowa. If so, the costs will be paid for in accordance with Article 1109.03, B.

A. Barricades, warning signs, and other aspects of
traffic control shall be in accordance with the contract documents. In
providing adequate and proper traffic control, both the Contracting Authority
and the Contractor have certain responsibilities.

1. Responsibilities
of the Contracting Authority.

a. Advance
Notification.

Whether a road is closed
for construction or traffic is to be maintained during construction, the
Contracting Authority will furnish, erect, and maintain such suitable advance
warning signs, warning lights, and barricades as it deems appropriate outside
the project area, in addition to those barricades and signs required to be
erected by the Contractor. If necessary, where a road is closed for
construction, a marked detour will be established.

b. Primary Road
Intersections.

The Department will
furnish, erect, and maintain such suitable advance warning signs, warning
lights, and barricades as it deems appropriate where a Primary Road intersects
a Primary project to provide a marked detour for through traffic using the
intersecting Primary route or to provide advance notification to through
traffic using the intersecting Primary Road and passing through the
intersection. A marked detour may allow public traffic to use the intersection.

c. Secondary
Projects.

Where a Secondary Road project requires work within a Primary Road right-of-way or extension of the
right-of-way across the Secondary Road, the Primary Road shall be protected as
a Primary project through which traffic is maintained. The Department will
furnish, erect, and maintain such suitable advance warning signs, warning lights,
and barricades as it deems appropriate. The County will notify the Department
so this protection can be provided for Secondary projects.

d. Availability.

Except when there is an
item for traffic control, all signs and traffic control devices (except pilot
car signs and flagger signs) will be made available to the Contractor at a
nearby site designated by the Engineer. They will be furnished by the
Contracting Authority. Replacement materials will also be furnished as
necessary.

e. Additional
Notification.

Any additional signs,
barricades, or notification beyond the project area deemed appropriate by the
Engineer will be the responsibility of the Contracting Authority.

f. Regulatory and
Warning Signs.

The Contracting
Authority will erect prior to construction any additional special regulatory or
warning signs required due to construction that are located outside of the
project limits. This does not apply to warning and regulatory signs
specifically required for traffic control zones necessary for construction
activities defined in the contract documents.

g. Suspensions.

By agreement, the
Contracting Authority will accept responsibility for maintenance of signs and
barricades when work is suspended for 30 calendar days or more, or when such
time of suspension is anticipated.

2. Responsibilities
of the Contractor.

a. General.

1) The
Contractor shall be responsible for placing and maintaining proper barricades,
warning signs, and other traffic control devices on the project, and the
Contractor shall take every reasonable precaution to prevent traffic from
interfering with the work and to prevent the work from interfering with the
traffic; and shall take every reasonable precaution to provide for safety of
the general public traveling to, through, within, along, and across the
project. Where the road is closed for construction, the Contractor shall take
every reasonable precaution to protect the work and equipment and to provide
for safety of the public. When traffic is to be maintained through the construction,
the Contractor shall erect and maintain all signs; furnish, erect, and maintain
all other traffic control devices and other safeguards; provide all flaggers
necessary to protect the traveling public. Payment for this work will be in
accordance with Article 2528.05.

2) The
Contractor shall furnish, erect, and maintain ROAD WORK AHEAD and END ROAD WORK
signs at the mainline limits of individual work areas on highway construction
or contract maintenance projects where traffic is maintained through a traffic
control zone. The ROAD WORK AHEAD sign shall be placed to identify where
traffic enters a traffic control zone. The END ROAD WORK sign shall be placed
to identify where traffic leaves a traffic control zone and be located at least
500 feet (150 m) beyond the work area. Should more than one contractor be
working on the project, the Engineer will assign the responsibility for these
signs.

b. Intersecting
Local Public Roads.

1) When
a road closed for construction intersects other local public roads within a
project, the Contractor shall erect and maintain barricades and warning signs
in accordance with the contract documents. Payment for this work will be in
accordance with Article 2528.05.

2) The
responsibility described in the previous paragraph is intended to be in
addition to actions of the Department described in Paragraph A, 1, b.

c. Entrance from
Local Public Roads.

On local public roads
open to traffic during construction, the Contractor shall erect and maintain
signs in accordance with the contract documents. When scarification is part of
the contract, ROUGH ROAD signs shall also be erected on the shoulder of the
road under construction at local public road intersections. These signs shall
be erected, moved when appropriate, and maintained by the Contractor until the
scarified areas are covered with the new surface material. Payment for this
work will be in accordance with Article 2528.05.

d. Shoulder
Drop-Offs.

Drop-offs at paved and
granular shoulders shall be treated as provided in Article 1107.08. All other
drop-offs shall be handled in accordance with project plan requirements.

e. Sign Removal.

1) The
Contractor shall not remove, move, or obstruct any regulatory, guide, or
warning sign without approval of the Engineer. If these signs interfere with
construction, approval of the Engineer shall be obtained prior to removal;
temporary re-erection, if appropriate; and re-erection by the Contractor.

2) The
Contractor shall be responsible for erecting, moving, maintenance, and removal
of all signs necessary to protect the work area and uncompleted work and signs
required elsewhere by the contract documents.

3) If
the Contractor inadvertently damages a regulatory, guide, or warning sign, or
makes it ineffective, the Contractor shall correct it and promptly notify the
Engineer.

f. Availability of
Signs.

The Contractor shall
pick up signs and barricades furnished by the Contracting Authority at the site
designated and shall return them when the work is completed.

g. Traffic Control
Item.

When there is a contract
item for traffic control, the Contractor shall furnish all signs, barricades,
channelizing devices, and other traffic control identified in the contract
documents.

h. Commencement of
Responsibility.

The Contractor shall
assume the responsibility required by this article because of the operations
concurrent with possession of the work site or right-of-way through moving of
equipment, machinery, tools, or materials thereon and in all cases when the
work is commenced.

i. Cleaning.

The reflective surfaces
of signs and traffic control devices shall be washed, as described in Article 2528.03, L, and shall be clean at the time of initial installation on a
project.

j. Traffic Control
in Place.

At any time signs,
barricades, or other traffic control devices are in place, for which the
Contractor is responsible, the Contractor provide the Engineer the following
information at the preconstruction conference or before work commences:

1) The name
and telephone number of a 24 hour emergency response person for traffic control
(answering services are not acceptable); so that repair or maintenance of these
devices can occur promptly, within 2 hours and

2) The name
and telephone number of the traffic control technician in responsible charge of
the traffic control for the project per Article 2528.01, C.

B. The contract documents may require placement,
maintenance, and removal of temporary and permanent pavement marking and
temporary delineators. This work shall be in accordance with requirements of Section
2527.

C. An additional flagger shall be stationed at public
road intersections or crossings within the work area, if necessary, to prevent
vehicles from entering the work area against the flow of traffic. When traffic
control is incidental, additional flaggers will not be paid for separately.

D. The Engineer may require additional flaggers or
other safeguards because of unusual or changed conditions, including
suspensions and delays. Except when the need arises from the Contractor's
actions or inactions, this will be paid for in accordance with Article 1109.03.

1107.10 USE
OF EXPLOSIVES.

A. When the use of explosives is necessary for the
prosecution of the work, the Contractor shall exercise the utmost care not to
endanger life or property, including new work. The Contractor shall be
responsible for all damage resulting from use of explosives.

B. All explosives shall be stored in a secure manner
in compliance with all laws and ordinances and in quantities maintained at a
practical minimum. Storage places shall be clearly marked. Where no local laws
or ordinances apply, storage shall be provided satisfactory to the Engineer and,
in general, not closer than 1000 feet (300 m) from the road, building, camping
area, or place of human occupancy.

C. The Contractor shall notify each public utility
company having structures in proximity to the site of the work of the
Contractor's intention to use explosives. This notice shall be given
sufficiently in advance to enable the companies to take such steps as may be
necessary to protect their property from damage.

1107.11 PROTECTION
AND RESTORATION OF PROPERTY.

A. The Contractor shall replace or renew fences,
sidewalks, or other property damaged by performance of the work or the
negligence of the Contractor's employees.

B. The Contractor shall take suitable precautions to
prevent damage to telephone, telegraph, and electric transmission lines along
the highway and to pipes, conduits, and other underground structures.

C. Unnecessary
breaks in tile lines due to the Contractor’s operations shall be replaced at no
additional cost to the Contracting Authority.

D. The Contractor shall be responsible for damage to
property resulting from the performance of the work; however, this
responsibility shall not extend to damage to fences, telephone, telegraph, or
electric lines occupying the right-of-way unlawfully, provided due caution has
been used in removing them.

E. The Contractor shall carefully protect from
disturbance all land monuments and property marks until an authorized agent has
witnessed or otherwise referenced their location, and the Contractor shall not
remove them until so directed.

F. The Contractor's responsibility shall not be
released until the work under the Contractor's contract is completed and
accepted.

1107.12 RESPONSIBILITY
FOR DAMAGE CLAIMS.

A. The parties agree that it is their intent that
there be no third-party beneficiaries to this contract. No provision of this
contract; or of any addendum, materials instructional memorandums, plan,
proposal, special provision, standard specification, developmental
specification, supplemental specification, or general supplemental
specification; shall be construed as creating any third-party beneficiaries.

B. The Contractor shall indemnify and save harmless
the Contracting Authority and other agencies which have concurred in the award
of the contract, as well as their officers and employees, from all suits,
actions, or claims of any character, except as provided in the next sentence. Indemnity
shall not, however, extend to acts or omissions for which the Contracting
Authority is solely responsible, though it shall extend to those claims,
actions, or suits in which the Contractor, Subcontractor, or either's employee
or agent, and the Contracting Authority are alleged to be, or could be, jointly
or concurrently liable. Any funds due said Contractor under the Contractor's
contract as may be considered reasonable and necessary by the Contracting
Authority for such purpose may be retained for the use of the Contracting
Authority; in case no money is due, the Contractor's surety may be held until
such suit or suits, action or actions, claim or claims have been settled and
suitable evidence to that effect furnished to the Contracting authority, except
that money due the Contractor will not be withheld when the Contractor produces
satisfactory evidence of insurance covering the claim, action, or suit.

C. The
Contractor's responsibility for providing warning devices required by Article
1107.09 to avoid damages or injuries to the traveling public on any portion of
the road covered by the contract shall not cease until the work on such portion
has been released by the Engineer. A "release" in this context means
a written statement by the Engineer stating that the Contractor may cease to
maintain barriers and lights, that the road may be opened to traffic, and that
the Contractor is relieved of further maintenance of that portion of the road.
This release shall not constitute an acceptance of the work.

D. The Contractor's responsibility for maintenance of
lights on any individual structure will cease upon final acceptance of such
structure, or when released in writing by the Engineer.

1107.13 OPENING
OF SECTIONS OF HIGHWAY TO TRAFFIC.

A. When any substantial portion, part, or feature of a
contract is completed to the extent that its stability and integrity is not
dependent upon completion of other items or work required in the contract, that
portion, part, or feature may be released by the Engineer, after conferring
with the Contractor, and opened to traffic or received for public usage prior
to final approval and acceptance of all work involved in the contract. The
Contractor will not be responsible for damages due to the elements or the
general wear of traffic to those portions, parts, or features of the road which
have been released by the Engineer. The Contractor will be responsible for any
damages which may be caused by defective work or failure to comply with the
contract documents.

B. The above provisions relating to a release by the
Engineer will be applicable only to those portions, parts, or features of a
contract for which the Engineer has furnished to the Contractor a written
release.

1107.14 CONTRACTOR'S
RESPONSIBILITY FOR WORK.

The Contractor will be
responsible for care and maintenance of partially completed work and finished
work on any portion of the road until the Contractor has been released by the
Engineer from this responsibility. It shall be the Contractor's responsibility
to adjust the operation or method of operation to prevent any damage of any
nature to any portion of partially completed or completed work, except for
damage to work in officially designated disaster areas where the damage results
from Acts of God for which the designation is made. Repair work shall be done
promptly upon being so ordered by the Engineer.

A. The Contracting Authority will endeavor to have all
necessary adjustments made to public or private utilities within or adjacent to
the limits of construction prior to construction activities, except those
requiring coordination with the Contractor. Utility facilities have been
plotted from available surveys and records, and shall be considered
approximate. Other utilities may exist and their location may not be presently
known or identified on the plans. The Contractor shall notify Iowa One-Call at
1.800.292.8989 to identify the location of all underground utility facilities
within the construction area.

B. The Contractor shall determine the exact location
of all public and private utility facilities located within the construction
area to avoid damage in accordance with Section 480.4, Code of Iowa. The
Contractor shall have considered in their bid all permanent and temporary
utility appurtenances in their present or adjusted positions as shown in the
contract documents. For projects not developed under 761 IAC, Chapter 115.25
and not designated as POINT 25 projects in the contract documents, additional
compensation will not be allowed for any delays, inconvenience, or damage
sustained by the Contractor due to any interference from the utility
appurtenances or their operation or relocation.

C. Where existing utility facilities are shown in the
contract documents or encountered within the construction area, the Contractor
shall notify the utility company prior to beginning construction activities.
The Contractor shall be responsible for notifying utilities and conducting work
near utility facilities, required by Iowa Code 480.4.

D. Any system for supplying water, gas, power, or
communications; a storm sewer, sanitary sewer, drainage tile, or other system
for transmitting liquids; a pipeline system; traffic signalization system; and
lighting systems within the limits of the proposed construction, which are to
be adjusted, are to be moved by the utility company at their expense, except as
otherwise provided for in the contract documents.

E. The Contractor shall cooperate with utility companies
in their adjustment operations so that these operations may progress, the
duplication of adjustment work may be reduced, and that services rendered by
those parties will not be interrupted.

F. Where the Contractor's operations are adjacent to
properties of railway, communication, or power companies, or are adjacent to
other utility facilities where damage might result in considerable expense,
loss, or inconvenience, work shall not begin until all arrangements necessary
for protection of the facilities have been made.

G. In the event of interruption to utility services as
a result of accidental breakage or as a result of being exposed or unsupported,
the Contractor shall promptly notify the proper authority and shall cooperate
with the authority in restoration of service. If a utility service is
interrupted, repair work shall be continuous until service is restored.

H. Primary projects developed under 761 IAC 115.25 and
designated as POINT 25 projects in the contract documents, where the utility
company's adjustment is dependent on work by the Contractor, the Contractor
shall provide the Contracting Authority and the utility company a good faith
notice 14 calendar days and a confirmation notice not less than 3 working days
before the Contractor's work will be complete and ready for the utility company
to begin its work. If the utility fails to complete the adjustment of its
facilities and fails to submit or comply with its accepted work plan as
referenced in the Utility Status Report in the contract documents, and these
failures result in a delay to the Contractor or causes damages to be incurred
by the Department or Contractor, the utility may be liable for costs and
damages incurred as a result of its failure to perform.

1107.16 PERSONAL
LIABILITY OF PUBLIC OFFICIALS.

In carrying out any of the
provisions of the contract, or in exercising any power or authority granted to
any agent or representative of the Contracting Authority thereby, there shall
be no liability upon such agent or representative, including the Engineer or
authorized assistants, either personally or as an official of the Contracting
Authority, it being understood that in such matters the Engineer acts as the
agent and representative of the Contracting Authority.

1107.17 NO
WAIVER OF LEGAL RIGHTS.

A. The Contracting Authority shall not be prevented by
any measurement, estimate, or certificate made either before or after the
completion and acceptance of the work and payment therefore from showing the
true amount and character of the work performed and materials furnished by the
Contractor, or from showing that any such measurement, estimate, or certificate
is untrue or incorrectly made, or that the work or materials do not, in fact,
conform to the contract.

B. The Contracting Authority shall not be prevented,
notwithstanding any such measurement, estimate, or certificate and payment in
accordance therewith, from recovering from the Contractor and the Contractor's
sureties such damages as it may sustain by reason of the Contractor's failure
to comply with the terms of the contract. Neither acceptance by the Contracting
Authority, or any representative of the Contracting Authority, nor any payment
for or acceptance of the whole or any part of the work, nor any extension of
time, nor any possession taken by the Contracting Authority, shall operate as a
waiver of any portion of the contract, or for any power herein reserved, or any
right to damages herein provided. A waiver of any breach of contract shall not
be held to be a waiver of any other or subsequent breach.